Articles from Dr. Albert Holle

29. Dec 2020 New legal regulation for tenancies in the SARS-CoV-2 pandemic

On 17.12.2020, the Bundestag passed the "Act to further shorten residual debt discharge proceedings and to amend pandemic-related provisions in company, cooperative, association and foundation law as well as in tenancy and leasehold law". The Federal Council already approved the law on 18.12.2020. The legislator has thus responded to the effects of the SARS-CoV-2 pandemic and the regulations issued by the federal states to combat it and extended the application of the regulations on the so-called cessation of the basis of the transaction.

Real estate law, public & private construction law, public procurement law
21. Aug 2020 The new Building Energy Act (GEG) - A uniform set of rules for climate-neutral buildings A standardized set of rules for climate-neutral buildings

Numerous debates on amendments and proposals from the federal states, associations and experts preceded the agreement on the new Building Energy Act (GEG). On 18.06.2020, the Bundestag approved the law at second and third reading, and the Bundesrat also approved the draft law on 03.07.2020. After the law was signed by the Federal President, the GEG was finally promulgated in the Federal Law Gazette on 13.08.2020. It will now enter into force on 01.11.2020 and contains far-reaching changes and adjustments.

Real estate law, public & private construction law, public procurement law
18. Mar 2020 Obligation to pay rent despite an officially ordered business closure?

With the legal ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus (Corona Ordinance - CoronaVO) of 17.03.2020, numerous retail stores and facilities will no longer be able to continue operating. Compared to the first ordinance of 16.03.2020, the bans have even been significantly extended. In addition to numerous facilities such as cinemas, educational institutions of all kinds, fitness studios, dance schools, ice cream parlors and pubs, the operation of all retail businesses is now also prohibited, unless they are expressly excluded from the ban (Section 4 (1) no. 12 CoronaVO). The operation of restaurants is also still only permitted with considerable restrictions, and since the affected establishments will inevitably have to reckon with considerable losses in turnover due to these drastic measures, the question now arises as to whether the operator of the respective establishment can reduce the rent for the operation or claim a deferral of the rent.

Real estate law, public & private construction law, public procurement law
9. Mar 2020 The end of the written form problem in (commercial) tenancy law? - On the planned reform of § 550 BGB

Commercial leases in particular are usually concluded for a fixed period of time - eight, ten or even fifteen years are the rule rather than the exception. During this period, the rental agreement can only be terminated for good cause, i.e. extraordinary termination; ordinary termination, on the other hand, is excluded. Even with a longer term, there is no obligation to conclude the tenancy agreement and to agree significant addenda in a specific form - this can also be done by email or even verbally. According to the law, a contract concluded in this way is not invalid - on the contrary: according to Section 550 BGB, a tenancy agreement that has not been concluded in writing for longer than one year or that has been amended in key points is even valid for an indefinite period. However, this also means that the contract - contrary to the original intention of the parties - can be terminated with notice. Both landlords and tenants repeatedly use this circumstance to get out of unpleasant, unfavorable or unsuitable rental agreements without much effort. the Bundesrat wants to counter this practice and therefore presented the "Draft Act to Revise the Written Form Requirement in Tenancy Law" on 20.12.2019.

Real estate law, public & private construction law, public procurement law
23. Aug 2019 Amendment to the Baden-Württemberg state building regulations 2019

With the amendment to the state building regulations for Baden-Württemberg passed by the state parliament, various changes came into force on August 1, 2019, which must be taken into account for construction projects. These changes include the approval procedure, the introduction of a digital building application and simplifications for the installation of charging stations for electric vehicles.

Real estate law, public & private construction law, public procurement law
4. Jul 2019 Minimum and maximum HOAI rates violate European law!

Real estate law, public & private construction law, public procurement law
9. Mar 2018 Effect of a change in the recognized rules of technology during construction management

In its decision of 14.11.2017 (case no. VII ZR 65/14), the Federal Court of Justice dealt with the question of how to deal with a change in the recognized rules of technology between the conclusion of a VOB/B-B construction contract and the completion and acceptance of the building. The decision deals with the conditions under which the client can assert a claim for compensation for the completion of the building.

Real estate law, public & private construction law, public procurement law
18. May 2017 On the amendment of the BauGB and the BauNVO by the "Act on the implementation of Directive 2014/52/EU in urban planning law and to strengthen the new coexistence in the city" of 04.05.2017 -

Origin of the law
Directive 2014/52/EU of the European Parliament and of the Council of 16.04.2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.04.2014, p. 1) amended the provisions on the performance of an environmental impact assessment with the aim of ensuring a high standard of environmental protection, increasing resource efficiency and promoting sustainable growth. The provisions of the directive were to be transposed into national law by the member states by 16.05.2017 in accordance with Art. 2 Para. 1 of Directive 2014/52/EU. On 23.01.2017, the German government presented a draft bill for implementation (BT-Drs. 18/10942), which, in addition to the adaptation of environmental regulations, also provided for the amendment of urban planning regulations with a view to coexistence in inner-city areas.

Real estate law, public & private construction law, public procurement law
25. Mar 2015 Overview of the 2015 amendment to the Baden-Württemberg state building regulations

On June 3, 2014, the state government introduced a bill to amend the state building regulations for Baden-Württemberg (state parliament printed paper 15/5294) to the state parliament. The bill was discussed in the state parliament in the plenary session on 05.11.2014 at second reading and passed as law (state parliament printed paper 15/6097). It was promulgated on 11.11.2014 in the state's official gazette (Gesetzblatt für Baden-Württemberg 2014, p. 501 ff). The amendment brings with it numerous changes to building regulations.

Real estate law, public & private construction law, public procurement law
21. Oct 2014 Use of dash cams - not an egg of Columbus Not an egg of Columbus

They are small, inconspicuous and - if the advertising promises of an electronics mail order company are to be believed - leave speeders and tailgaters no chance: so-called dash cams. Small cameras that are mounted in the car on the interior mirror, dashboard or directly on the windshield and record what happens on the road. The cameras promise to provide incorruptible evidence of the other party's guilt or one's own innocence in the event of an accident or an alleged offense. The use of such cameras is the subject of controversial debate, in particular the question of whether video evidence obtained in this way can be used in court proceedings. Two court decisions have now been handed down for the first time in this regard.

Real estate law, public & private construction law, public procurement law
13. Jun 2014 The Consumer Rights Directive and its impact - not just online stores and mail order companies affected Not only online stores and mail order companies affected

The "Act Implementing the Consumer Rights Directive and Amending the Act on the Regulation of Residential Brokerage" of 20.09.2013 (BGBl. I, p. 3642), which came into force on 13.06.2014, amended numerous consumer protection provisions of the German Civil Code (BGB) and thus transposed Directive 2011/83/EU of the European Parliament and of the Council of 25.10.2011 (OJ L 304, 22.11.2011, p. 64 - the so-called Consumer Rights Directive) into national law. These changes not only affect areas in which extensive regulations for the protection of consumers through information and withdrawal rights already applied under the previous legal situation, such as doorstep selling and online trading, but will also affect all off-premises contracts in future. As a consequence, there are far more comprehensive statutory information obligations and extended options for consumers to withdraw from contracts.

Real estate law, public & private construction law, public procurement law